Rules for Property Representatives
In addition to being bound by the Terms set forth herein, Property Representatives
who purchase subscriptions from us are also bound by the following terms, which
are in addition to any other terms agreed to in connection with use of the Site.
Property Representatives are those homeowners, property managers, and other authorized
agents who subscribe to and advertise their property on the BVR site.
3.1. BVR Listing and Reservation Services
As BVR is in the business of procuring Renters to rent vacation homes, BVR agrees
to promote and offer for rent the listed property during the term of the Property
Representative’s subscription. BVR will operate and oversee all reservation and
registration activities, including phone services, computers, software, administration
and staffing in order to provide appropriate arrival, departure and associated services
to Renters. BVR reserves the right to charge Renters with reservation fees and cancellation
fees according to the Terms set forth herein.
BVR facilitates Renters booking reservations at listed properties through the BVR
Site, but makes no warranties or representations regarding the BVR Site. BVR bears
no risk for failing to book any property. Nothing in these Terms constitutes a sale
or rental of properties to BVR. You acknowledge that BVR has no knowledge (a) of
a Renter's actual arrival or departure dates, (b) of any cancellation notice that
a Renter may give directly to you, or whether such cancellation notice is sufficient
to relieve the Renter (and BVR) of charges otherwise due to you, or (c) of any adjustment
that you may negotiate directly with a Renter for charges, duration of stay, or
otherwise. Accordingly, BVR is entitled to rely on the charge made to the Renter
based on the original BVR reservation as the accurate charge from which to calculate
the amount payable to the Property Representative.
3.3. Subscriber Eligibility.
Our services may only be used by Property Representatives or their authorized agents
who can form legally binding contracts under applicable law. If you are registering
as a business entity, you represent that you have the authority to bind the entity
to these Terms. To register, you must provide your real name, address, phone number
and e-mail address, along with other information that may be required from time
3.4.1. Types of Subscriptions
We offer basic, elite, and premium subscription packages.
The following sets forth the schedule of fees for BVR Services.
Subscription rates for various marketing packages are located on BVRs website under
“List Your Property”. BVR will charge a 10% commission for any bookings made through
any of the following features: “BVR Booking Engine”, “BVR Booking Agent” or “Bidding
Platform”. Only one 10% commission will be charged for any single booking.
3.4.3. Subscription Payments
BVR currently accepts credit card/debit card payments for subscription orders. Payments
to BVR must be made in U.S. Dollars. BVR honors Visa, MasterCard, Discover, American
Express and PayPal. At BVR's sole discretion, but without any obligation, alternate
payment methods may be arranged in the case where a payment method has been declined.
The next card on file will be charged if your order declines. Subscription rates
are set at the time of your subscription or renewal, as applicable. Such rates are
subject to change without notice or approval. The rates in effect at the time of
your new listing, next subscription renewal, subscription upgrade, or any other
additional or new order of any product or service will govern.
In addition to subscription fees, BVR reserves the right to recoupment and offset
for any amounts owed by the Property Representative to BVR under these Terms or
any other agreement.
3.4.4. Automatic Renewal of Subscriptions
Your subscription will become effective as of the day payment is received for your
subscription (“Effective Date”) and will continue for an initial term of one (1)
year. Thereafter, it shall renew automatically for periods of one year on each anniversary
of the Effective Date, at the then-current non-promotional subscription rate for
the same product or service. This automatic renewal feature allows your service
to remain uninterrupted at the expiration of your then-current term.
If the service that you last subscribed has changed in any way or is no longer offered,
you agree and authorize us to charge your credit card at the renewal of your subscription
term for a service that is the most similar, as determined by us, to the service
that you previously subscribed, even if the price of such service is not the same
of the prior service that you subscribed. You agree to be responsible for any such
charges, and we reserve the right to obtain payment directly from you if necessary.
If you wish to cancel your subscription, you must contact BVR Customer Support by
email at email@example.com, at any time prior to expiration of
the then current term. Upon any such cancellation, your subscription will remain
active through the expiration of your then-current subscription term; however your
subscription will not be automatically renewed upon the expiration of your then-current
If you wish to change your credit card to be charged or if your credit card information
otherwise changes, you agree to call BVR Customer Support at 1-877-288-1381 to provide
the new or different credit card information.
3.4.5. Change in BVR Rates
BVR reserves the right to change the rates for its Services at any time. Rates may
be changed for any reason, at the sole discretion of BVR. You will be notified of
changes in rates by e-mail through the contact information you provided to the BVR
3.4.6. Requests for Refund of Subscription
All listings are sold to run the full term that is chosen by the Property Representative.
Generally, no refunds are available. If you renew your subscription, or if your
subscription automatically renews under its terms of your subscription, your listing
will remain online for the entire subscription period without refund. If you sell
your property and no longer wish for the listing to remain online, please contact
us and we can remove the listing; however, no refund will be owed.
3.3. Subscriber Eligibility.
Our services may only be used by Property Representatives or their authorized agents
who can form legally binding contracts under applicable law. If you are registering
as a business entity, you represent that you have the authority to bind the entity
to these Terms. To register, you must provide your real name, address, phone number
and e-mail address, along with other information that may be required from time
3.5. Booking Engine and Booking Agents
If you offer to rent a listed property by means of the Booking Engine and through
our Booking Agents, you must rent the listed property to the Renter who elects to
secure the reservation at the listed price.
3.6. Online Bidding
3.6.1. BVR is Not an Auctioneer
Although BVR’s Online Bidding system is commonly referred to as an online auction
web site, it is important to realize that we are not a traditional "auctioneer."
Instead, the Site acts as a venue to allow certain persons to list and rent properties
at anytime, from anywhere, in a variety of pricing formats, including a fixed price
format (referred to as the “Booking Engine”) and an auction-style format (referred
to as “Online Bidding”).
3.6.2. Guidelines for Participating in Online Bidding
In the Online Bidding system, the Property Representative must rent the available
property to the highest bidder that meets or exceeds the “minimum price threshold”
(minimum price for stay in your listed property as set forth in Property Representative’s
profile). If a bid is lower than the minimum price threshold, the Property Representative
is not required to accept the bid.
If you wish to counter a “low bid” (a bid which is lower than the minimum price
threshold), you must do so within 24 hours of receiving the bid (“Counter Bid”).
A low bid is merely an offer and does not constitute a booked reservation unless
you accept it through the BVR Bidding Feature. A Counter Bid does not constitute
a booked reservation until accepted by the Renter through the BVR Bidding Feature.
Upon the Renter’s acceptance of the counter bid, both the Renter and the Property
Representative are responsible for meeting their respective obligations as a booked
When a bid is accepted (either because it was automatically accepted because it
exceeded the minimum price threshold or because you actively accepted a low bid,
or because the Renter accepted the counter bid), BVR will confirm the reservation
and charge the Renter for the entire amount of the stay, including applicable Taxes
and Fees. Once a bid is accepted for your property, you must honor it and are obligated
to abide by the booking terms and conditions as set forth herein. All accepted bids
are non-cancelable, non-refundable, non-changeable and non-transferable by you.
If you cancel a reservation after a bid is accepted, you may be subject to a cancellation
fee of 100% of the total booking fee.
3.6.3. Binding Contract
Once the transaction closes, both the bidder and the Property Representative are
obligated to complete the transaction. By listing your property on this Site and
making it available through the Online Bidding system, you agree to complete the
transaction as described by these Terms. You acknowledge that by not fulfilling
these obligations, your action or inaction may be legally actionable.
3.6.4. No Shill Bidding
Shill bidding happens when anyone bids on a listed property in order to artificially
increase its price or desirability. Shill bidding is prohibited on the BVR Site.
If you participate in shill bidding, you may be subject to a range of actions, including
limits of your buying and selling privileges and suspension of your account. Shill
bidding is also illegal in many places and can carry severe penalties.
3.7. Rates and Reservations
Property Representatives who subscribe to BVR agree to make their property available
for booking through the Site, provided however, that BVR may refuse to offer or
display any property in the event that BVR, in its sole discretion, deems a property
to be of unacceptable quality.
3.7.1. Confirming Reservations
For reservations booked through BVR (via the Booking Engine, Booking Agents, or
the Online Bidding System), BVR may request the Property Representative to reserve
the property for a Renter upon sending the Property Representative an Electronic
Message identifying the arrival and departure dates, and any other pertinent information.
The Property Representative will also be able to view on the BVR site, Renter information.
A Renter is deemed to have made each confirmed reservation, and the Property Representative
must honor each confirmed reservation, upon delivery by BVR of the electronic message,
or placement in the BVR Systems of the reservation. The Property Representative
shall accept the Electronic Message as proof of reservation by a Renter. It is the
sole responsibility of the Property Representative to ensure that their email system
is functional and that no emails from BVR can be blocked. The Property Representative
acknowledges that BVR does not issue vouchers to Renters, and the Property Representative
agrees to accept the electronic message or BVR Systems reservation confirmation
as proof of reservation by a Renter. If a discrepancy arises between information
contained in your records and the BVR Site, then the booking information from the
BVR Site shall prevail. The Property Representative agrees to not circumvent BVR
and its booking processes. Within one year subsequent to the cancellation
of its BVR subscription, if Property Representative collects any rental income from
a BVR customer previously referred to Property Representative, then Property Representative
shall pay BVR up to 10% of collected rental income of such customer.
3.7.2. Accommodation of Reservations.
Property Representatives shall treat BVR customers no less favorably than average
customers in all respects including with respect to overbookings. All BVR reservations
shall be held open until check-out time following the first night covered by such
reservations. BVR bears no risk for failure to book any property listed on the Site
and nothing in these Terms constitutes a sale or rental of properties from Property
Representatives to BVR. BVR makes no warranties or representations regarding the
Site, or its ability to obtain reservations for any properties. Property Representatives
are solely responsible for ensuring that the identification presented by a Renter
is valid and matches the booking information contained in the reservation information
provided to the Property Representative. If a Property Representative fails to validate
the Renter as stated in the previous sentence, and, as a result of fraud relating
to such booking, BVR refunds amounts previously paid to the Property Representative,
then the Property Representative shall pay to BVR, an amount equal to the amount
paid to the Property Representative for such booking to offset the amount of such
refund within 30 days after BVR’s request.
You authorize BVR to take pre-reservations for the following calendar year beyond
the annual subscription time period. Pre-reservations are subject to the Property
Representative having its subscription fully paid and in effect for the following
calendar year. If the subscription is not renewed, the Property Representative hereby
gives permission to BVR to return 110% of such advance payments (including commission)
so the Renter can be moved to another property listed on the BVR site or sent a
full refund, at the Renter’s discretion.
3.7.4. Additions to Renter’s Reservation
If a Renter requests additional nights or properties to the original BVR reservation
directly from the Property Representative, whether upon arrival at the property
or otherwise, then any such additions shall constitute an agreement between the
Property Representative and the Renter separate from the BVR reservation and the
Property Representative must charge the Renter directly for such additions. The
Property Representative is solely responsible for collecting any charges for such
Renter’s requested changes or other charges.
3.7.5. Parity Obligation/Rates
Property Representatives shall provide BVR with net, non-commissionable rates (“Rates”),
availability, refunding and booking policies no less favorable than it provides
to any other entity for sales or bookings of properties.
Property Representatives shall provide BVR with the Net Rates, in US Dollars (USD),
to be paid to the Property Representative for bookings through the Site and its
Systems by specifying the net rates, rules, terms, and conditions (including all
policies such as cancellation, advance purchase, and no-show) for any and all properties
listed on BVR. All Net Rates are net, non-commissionable rates. You
shall set the Net Rates for properties booked through BVR to result in a consumer
price as low as any other available price. This is defined as the "Best Available
Rate" and shall be set for BVR to be at least as favorable as the rates, rules,
terms, and conditions that you set for properties made available for booking through
any other company or entity. The Best Available Rate also includes any other means
through which you make your property available, including any web site you or by
another entity acting on your behalf. This does not include specially contracted
corporate rates or rates for rooms that require qualified proof of membership such
as military or AAA rates. The "Best Available Rate" also includes rates
quoted over the phone or in person to prospective Renters.
You may change the Best Available Rate on unbooked properties at any time, within
the parameters of these Terms; provided however, that Property Representatives may
not increase the Rates in reaction to a catastrophic force majeure event (including
without limitation, the occurrence or threatened occurrence of a natural disaster,
an environmental disaster, whether natural or manmade, war, civil unrest, labor
disputes, or a terrorist attack). Notice of intention to change rates must be given
to BVR by the Property Representative before the change can become effective.
Property Representatives shall be solely responsible for notifying BVR of rate changes
by email at firstname.lastname@example.org. Property Representatives
shall be solely responsible for the accuracy of any changes submitted to BVR.
BVR shall only be obligated to pay to Property Representatives the Net Rates listed
on the Site at the time of booking.
3.7.6. Additional Fees
Property Representatives must disclose to BVR, on an annual basis or as such fees
are modified, all charges imposed on Renters, including, but not limited to, all
mandatory guest, resort, parking and/or activity fees in addition to the regular
booking fee charged by BVR (collectively, “Additional Fees”). If you
fail to disclose any Additional Fees to BVR, then you must waive such Additional
Fees to Renters unwilling to remit payment of such Additional Fees.
All Rates provided by Property Representatives to BVR shall be net and exclusive
of all applicable taxes and surcharges, including energy charges. Prior to loading
any rates in BVR’s system, the Property Representative shall provide BVR with
all tax information applicable to the listed property. The Property Representative
is solely responsible for the accuracy of such tax rate information and for the
accuracy of any changes submitted to BVR. BVR shall collect an amount from the Renter
that includes an amount to cover taxes on the rates based on the information provided
by the Property Representative. The Property Representative shall be responsible
for paying to the appropriate tax authorities the full amount of all taxes applicable
to the rates for reservations for the listed property. The Property Representative
shall indemnify, defend and hold harmless BVR and its officers, directors, employees,
agents and affiliates from and against all assessments or payments for tax, interest
and penalties applicable to any reservations as a result of (a) any tax information
provided to BVR being incorrect or outdated or (b) the Property Representative failing
to pay to the proper taxing authorities, in whole or in part, any taxes remitted
to such properties by BVR.
Canadian Property Representatives understand and will convey to Renters, that transactions
are occurring via a U.S. based company, and therefore, are not eligible for a refund
of Canadian Goods and Services Tax (GST).
3.7.8. Authorization to Collect Booking Fees
By listing your property on BVR’s Site, you authorize BVR to collect the total Booking
Fees (which includes rental monies, commissions, taxes and other fees) on a property
when a reservation is booked.
3.7.9. Handling of Rental Income
In additional to your subscription payments, BVR will collect a 10% commission on
every booking made through its Site. BVR shall provide a monthly statement and send
payment by the 15th of each month via paypal, electronic funds transfer, or check
to the Property Representative’s designated account for all confirmed rental monies,
plus applicable taxes, minus commission, cancellation fees, supplies or maintenance
required due to Property Representative. All Property Representatives located outside
the United States will need to create an account with PayPal in order to receive
payments from us. If you do not have an existing PayPal account, you can create
one at www.PayPal.com. Confirmed monies are those for which a property has been
booked by a Renter either through BVR’s Booking Engine or the Online Bidding System
and advance rents have been received by BVR and held in Trust account. Confirmed
monies are eligible for release to Property Representatives within 5 business days
after the scheduled Renter has checked out and the Property Representative has submitted
to BVR a completed report confirming a satisfactory inspection of the property.
Payment will be made based on the U.S. Dollar value of the Net Rates plus applicable
taxes. Property Representatives are responsible for all receiving fees incurred
as a result of the funds transfers.
You must timely notify BVR when a Renter has checked out. BVR will have no
obligation to pay a Property Representative for a reservation if the Property Representative
fails to notify BVR, whether through the check-out verification procedures or otherwise
by an invoice, within 3 months of the fulfilled reservation. The Property Representative
acknowledges that once a Renter’s check-out has been verified, and the payment
to the Property Representative's designated account has occurred, all amounts due
to the Property Representative have been paid and no outstanding liability exists
to either the Property Representative or the Renter(s).
3.7.10. Disputed Charges
Unless BVR consents otherwise in writing, the Property Representative must apply
payments received from BVR to the specific reservations identified in the BVR monthly
statement. If the Property Representative disputes the fees collected by BVR
on any reservation, the Property Representative must not (a) charge or attempt to
charge any Renter directly for the disputed amount, (b) refuse to honor any other
reservations made by Renters, or (c) take any other action likely to interfere with
the fulfillment of a Renter’s reservation without the consent of BVR. If the
Property Representative breaches its obligations under these Terms by collecting
disputed amounts from a Renter or revealing disputed amounts to a Renter, and, as
a result of such breach, the Renter requests that BVR refund amounts previously
paid to BVR, then the Property Representative shall be solely responsible to pay
such requested refund.
If you breach your obligations under these Terms by collecting disputed charges
from the Renter or revealing the Net Rates to a Renter, and, as a result of such
breach, the Renter requests that BVR refund amounts previously paid to BVR, then
the Property Representative shall pay to BVR the amount of any such refund within
30 days after BVR's request.
3.7.11. Unauthorized Payments
BVR is not a party to any payment transaction between Property Representatives and
property Renters, in situations where property Renter and Property Representatives
have agreed to additional nights beyond the initial reservation. No Property Representative
may request any Renter to mail cash, or utilize any instant-cash wire transfer service
such as Western Union or MoneyGram in payment for all or part of a property rental
transaction. Any violation of this term or any other unacceptable payment methods
that may be posted on the Site may result in the immediate removal of the non-conforming
listing from the Site without notice to the Property Representative and without
refund. From time to time, we may become aware of users attempting to conduct a
transaction that would involve an unauthorized payment method or a fraudulent payment
method. Ideally, we hope to be able to assist users in avoiding such transactions,
but we assume no liability or responsibility to do so or to inform users of any
such actual or suspected activity.
Where your cancellation policy applicable to your property differs from these Terms,
these Terms shall apply.
Renters are obligated to notify BVR directly of any changes or cancellations to
their reservation as detailed in the Cancellation Policy for Renters. Failure
by the Renter to notify BVR of a change or cancellation may result in a complete
denial of refund. The Property Representative shall provide to BVR proof of
the Renter’s stay at the property upon request. The Property Representative
acknowledges that BVR generally has no knowledge (i) of Renters’ actual arrival
or departure dates, or (ii) of any cancellation notice that may be given by Renters
directly to the Property Representative, or whether any such cancellation notice
as may be given is sufficient under BVR’s policies to relieve Renters (and
BVR) of all or any portion of the charges otherwise due to the Property Representative.
Accordingly, absent appropriate notice to BVR, BVR shall be entitled to rely on
the charge made to the Renter based on the original BVR reservation as the accurate
charge from which to calculate the amount payable to the Property Representative.
If a Renter arrives at the property and departs early for any other reason
than dissatisfaction with the Property, the Renter may not be entitled to receive
any refund for any portion of the remaining stay.
If a Renter cancels a reservation, the Property Representative will receive a minimum
payment of 25% of the Net Rate. If a Renter cancels a reservation within 14
days of the reservation, the Property Representative will receive a minimum payment
of 50% of the Net Rate, after paying BVR a 10% commission. If BVR grants a
Renter a refund for a reservation, the Property Representative shall promptly refund
to the Renter any additional amounts it directly charged the Renter for services
not rendered, provided that the Property Representative may be entitled to retain
its portion of the cancellation fee. BVR may revise its cancellation and refund
policy from time to time.
If a reservation is a Potentially Fraudulent Reservation (as defined below), or
certain data provided by the Renter cannot be verified by BVR prior to 4:00PM (of
the Property Representative’s local time zone) of the day that is one (1)
day before the date of arrival, then the Property Representative and BVR agree to
work together to address the Potentially Fraudulent Reservation, which may include
canceling such reservation by notifying the Property Representative by email at
any time up to 4:00PM (of the Property Representative’s local time zone) of
the day of arrival. The Property Representative agrees that, for reservations cancelled
under the preceding sentence, BVR shall owe no monies to the Property Representative
for such reservations and the Property Representative will not be required to pay
to BVR any cancellation or default fee described above. “Potentially Fraudulent
Reservations” means reservations that result from (i) invalid or incorrect
information supplied to BVR at the time of booking, as a result of a credit card
dispute, or as a result of a report of unauthorized charges, or (ii) bookings that
may be associated with previous high risk or fraudulent transactions.
You are solely responsible for ensuring that the identification presented by a Renter
at check-in is valid and matches the booking information contained in the reservation
information provided BVR. If you fail to verify the Renter’s identification,
and, as a result of fraud relating to such booking, BVR refunds amounts previously
paid to BVR, then you shall pay BVR an amount equal to the amount paid to you for
such booking to offset the amount of such refund within 30 days after BVR's request.
3.9. Accuracy of Property Listing.
Property Representatives are solely responsible for the accuracy of the factual
information concerning the facilities and nature of the property listed on BVR.
You are required to describe only the property you are selling. You agree to provide
complete and accurate details about the listed property, to specify the condition
of the property, to describe any defects or flaws, and include actual pictures of
the property instead of stock photos. You are not allowed to include conflicting
or misleading information in your listing. For example, if your property is one
block from the beach, it should not be described as an “ocean front property.” You
must not include pictures that do not accurately represent the property. You also
must not use phrases like “top rated BVR renter” or “trusted renter” in a manner
that leads Site users to believe you have received special preferential treatment
or feedback from BVR. You also shall not include comments that discourage Renters
or other Site users from using the Site. Failure to comply with these provisions,
as determined in the sole discretion of BVR, will result in a 50% deduction from
the total booking fee due to you for the property. Your failure to comply with these
provisions may also result in termination of your listing on the BVR Site.
If any changes to the property or the nature of the property occur, or if you become
aware that any information about the property is not accurate, then you shall advise
BVR immediately so that BVR may inform Site users accordingly and change the contents
of the listing on the Site.
3.10. Access to Property
Once a reservation is booked, you are responsible to provide clear directions on
the location of your property to the Renter. Further, you are responsible to provide
clear instructions on how the Renter may access and enter your property (i.e. location
of keys). Failure to provide these instructions to the Renter may result in forfeiture
of your booking fees.
3.11. Property Conditions
You are required to provide the property as described in the listing on BVR’s Site,
including all property features and equipment advertised in the listing, and to
otherwise cause the property to be maintained in a safe, fit, and habitable condition
at all times. Should any disputes arise between the Property Representative and
the Renter after the Renter has checked in, it is the Property Representative's
responsibility to satisfy the Renter.
Property Representatives agree to pay for all cleaning services directly. All properties
must receive a standard cleaning service following each rental. Touch up may be
necessary if vacant for a period of time. The property must be spring cleaned annually.
If the Property Representative performs his own spring cleaning, BVR shall inspect
and charge the Property Representative for any additional cleaning required to meet
3.11.2. Maintenance and Repairs.
The Property Representative agrees to maintain its listed property in a state of
good repair by performing regular maintenance. All repairs and maintenance services
are the sole responsibility of the Property Representative and will be paid by the
Property Representative directly. If a property is closed for the winter, the Property
Representative will winterize the property as appropriate.
You agree to keep current on payment of all utilities for the listed property including,
but not limited to, electric, gas, water, telephone, and cable/satellite TV as appropriate.
Should any such utilities be disconnected, you will be deemed in material breach
of these Terms and BVR may terminate your subscription(s) without advance notice
and without refund.
3.11.4. Operating License.
At BVR’s request, the Property Representative shall promptly provide BVR with a
copy of the Property Representative’s annual operating license and/or similar certificate(s)
indicating the Property Representative’s compliance with the health and safety obligations
required for it to operate legally in its jurisdiction.
3.11.5. Notification of Entry.
You agree not to enter the property or instruct any other person to enter the property
without prior notification to the Renter, if the property is occupied by a Renter.
3.11.6. Renter Dissatisfaction with Property.
If a Renter arrives at a property but departs as a result of the Renter’s dissatisfaction
with the property, the Property Representative will not be entitled to any of the
monies collected for the Renter’s reservation.
3.11.7. Listed Property Under Construction
If you list a property which is still under construction, you shall inform BVR of
the first date the listed property is expected to be available for rent. In no event
will a property be listed on the Site until framing of the structure has begun.
BVR shall have the right to periodically inspect the property. BVR may transfer
Renters to another property if BVR believes, in its sole discretion, that the listed
property is in jeopardy of not being completed on time for the Renter’s reserved
time slot. In the event a Renter must be moved to another property due to a delay
in scheduled completion of construction, you are responsible for any reasonable
excess charge which the Renter may incur to rent another property.
3.11.8. Legal Requirements Applicable to Rental Properties
You agree that you are solely responsible for compliance with any and all laws,
rules and regulations that may apply to any rental property you list on the Site.
Any violation of such statutes by a Property Representative would be the sole legal
and financial responsibility of the Property Representative. We assume no
responsibility for your compliance. You shall, at your sole expense and at
BVR’s request, hold harmless, indemnify and defend BVR, its affiliates or
any of their directors, employees, or agents, against any third-party claim or action
brought against any of them, arising from or relating to your accommodations or
services or your breach of these Terms.
Please be aware that, even though we are not a party to any rental transaction and
assume no liability for legal compliance pertaining to rental properties listed
on the Site, there may be circumstances where we are nevertheless legally obligated
(as we may determine in our sole discretion) to provide information relating to
your listing in order to comply with governmental bodies in relation to investigations,
litigation or administrative proceedings, and we may choose to comply with or disregard
such obligation in our sole discretion.
3.11.9. BVR’s Right to Inspect Listed Property
BVR may perform an inspection of the listed property and furnish to the Property
Representative a copy of its report on the inspection and the condition of the property.
The report may include recommendations and requirements of items and improvements
necessary to meet BVR’s standard of excellence. The Property Representative must
perform any required changes within 90 days of receipt of such report or the subscription
will be cancelled at the option of BVR.
3.12. Damages to Your Property
3.12.1. Renter is Solely Responsible
Renters are solely responsible for damages they cause, whether intentionally or
by accident, while staying at your property. Your claim for compensation for damages
should be directed solely to the Renter.
3.12.2. Damage Claims
You must notify BVR in writing, via email at
of any property damages as a direct result
of a BVR Renter’s use within 48 hours of the Renter checking out of your property.
Upon request, you must furnish proof of such damage to BVR. Failure to notify BVR
within 48 hours will result in forfeiture of your right to collect any damages from
BVR for such damages.
3.12.3. Inherent Risk
You understand and acknowledge that use of the listed property by Renters carries
with it certain inherent risks. You shall bear all losses, costs, and expenses resulting
from any damage, theft or other actions by Renters, which BVR is unable to collect.
BVR will make reasonable effort to collect for damages resulting from Renter occupancy
but is not responsible for costs incurred that cannot be reasonably detected or
collected or are caused by normal wear and tear. BVR is not responsible for costs
or losses, which are not detected or collected at the reservation time or with 48
hours of the Renter’s departure.
You shall carry, at your own expense, comprehensive general public liability insurance
against any and all claims or demands whatever arising out of, or in any way connected
with the operation, leasing, and maintenance of your listed property. You shall
maintain liability insurance coverage in an amount that is consistent with industry
practice, but not less than $100,000.00 for injury or death of one person in each
accident or occurrence, $300,000 for injuries to or death to more than one person
in each accident or occurrence, and $50,000 for property damage in each such accident
or occurrence. To the extent permitted by law, you shall either (a) name BVR as
an additional insured on any liability insurance policies on which you pay premiums,
and deliver to BVR certificates of insurance that verify compliance with the preceding
clause or (b) provide other evidence of insurance acceptable to BVR that indicates
that BVR will be covered by your insurance in the event of a claim relating to these
Terms. You shall cause BVR to receive thirty (30) days prior written notice before
such insurance is cancelled or expires. No later than ten (10) days prior to the
date of expiration of an existing insurance policy, you shall deliver new certificates
(or other evidence) of insurance to BVR for any renewal policies. BVR may terminate
these Terms if you fail to comply with this provision.
You acknowledge that lost rental income insurance is generally available and you
are encouraged to obtain such coverage.
3.13. Force Majeure/Inability to Honor Reservations:
In the event a hurricane, storm or other event renders the listed property unsafe,
unfit or uninhabitable for some period of time, or otherwise renders the listed
property unavailable for rent, BVR is authorized to refund on behalf of the Property
Representative all or a prorated portion of advance rents to such extent as BVR,
in its sole discretion, may determine to be fair and reasonable to the Property
Representative and Renter, net of commissions earned by BVR. BVR may charge an administrative
fee to Renter in connection with refunds. In the aftermath of any hurricane, storm
or other unforeseen disaster event, which reasonably could damage the listed property
or render it unsafe, unfit, or uninhabitable, the Property Representative is solely
responsible to restore the property to an acceptable condition.
You acknowledge that BVR will incur considerable expense on your behalf prior to
the Renter’s check-in to the listed property as a result of these Terms and that
BVR shall be entitled to compensation for its services in the event the listed property
becomes unavailable for rental due to hurricanes, bridge or highway damage, acts
of God or ay other cause beyond BVR’s control. If the listed property becomes unavailable
for such reasons and reservations are lost or cancelled, you shall pay BVR all commissions
that would have been earned by BVR for all reservations on record at the time the
listed property becomes unavailable. Commissions are considered 100% earned and
due upon booking of a reservation. You acknowledge that you can submit claims for
lost rental income through your insurance for all such lost rental income to which
you are entitled. BVR is not responsible for your failure to secure insurance.
If the Property Representative is unable to honor any of its reservations as a result
of such an unforeseeable cause (such as war, work stoppage, fire, weather events,
air carrier interruption or act of government), then the Property Representative
shall immediately (a) notify BVR of such inability, (b) relocate the Renter to a
comparable property, and (c) prepay to such comparable property the charges for
the nights in question, together with all transportation costs of the Renter to
such alternative accommodation.
A party’s failure to perform under these Terms is excused if the failure results
from an unforeseeable cause beyond it’s control, such as war, work stoppage, fire,
weather events, air carrier interruption, or act of government. A party whose performance
is impaired as a result of such an unforeseeable cause shall promptly notify the
3.14. Listing Guidelines
3.14.1. You are Responsible for Your Listing
You are solely responsible for the content of your listing. We do not have any obligation
to investigate the truthfulness or accuracy of property listings, reviews, responses
or any other content submitted to this website. However, we reserve the right to
remove any content contributed to this Site which fails to comply with these Terms
or is otherwise unacceptable to us.
3.14.2. Accuracy of Contact Information
All information submitted to BVR and to the Site during your registration with the
Site shall be true and correct. You further agree to promptly provide notice to
the Site by email to email@example.com
regarding any updates to your contact information. You also agree to promptly
provide proof of personal identification, proof of ownership of the property listed
on the Site, and proof of authority to list the property as we may request.
3.14.3. Content, Layout and Copy.
All content which you submit to our Site is subject to review and approval by us
in our sole discretion. We reserve the right to refuse to publish any content
that we determine, in our sole discretion, does not meet these Terms or is otherwise
unacceptable to us. However, we assume no duty to review content and we shall
not have any liability for any loss or damage resulting from the design or positioning
of the copy, properties, content and/or photographs or any change made to any content,
photograph or copy submitted by any Property Representative. We reserve the
right to edit content submitted to the Site to cause the content to comply with
our content guidelines or formatting requirements. You are responsible for
reviewing and ensuring that any content displayed on the Site appears as you intended.
3.14.4. Content Guidelines
Any content contributed to this Site must be relevant to the purpose of the forum
and discussion. The content of your listing must be directly related to its
purpose. Property listing descriptions must relate to the property and information
that would be useful to a potential Renter.
All content must be truthful and not misleading. You may only contribute content
to which you have all legal rights to post and distribute. The content must
not infringe anyone’s rights, violate the law, or otherwise be inappropriate.
The content must not provide personal information that can be used to identify or
contact any person. Promotional content that promotes other websites, businesses,
services or products unaffiliated with BVR is prohibited. Obscene, abusive,
discriminatory or illegal content is prohibited.
All printed (paper based) photographs which you submit will be discarded after we
have scanned the same into our electronic database. We have no responsibility
to return such photographs to you. Similarly, we make no promise to store
or return any photographs submitted electronically. We will use reasonable
efforts to reproduce faithfully any photograph submitted, but we are not responsible
for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the listed property as the main subject of the photograph
and may not include children or adults if you do not have their legal consent or
any information that would violate the privacy rights, intellectual property rights
or any other rights of a third party. We reserve the right not to display or to
remove any photographs that we determine, in our sole discretion, do not meet these
Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing
a paper photograph to our offices, you represent and warrant that (a) (i) you hold
all intellectual property rights with respect to each submitted photograph, or (ii)
you have secured from the copyright holder all rights necessary for the photograph
to be used in an online advertisement, (b) that any people in the photograph have
given permission for their likeness to be displayed in an online advertisement on
the Site, (c) that the photograph accurately and fairly represents the subject of
the photograph and has not been altered in any manner that would mislead a viewer
of that photograph, and (d) that you will indemnify and hold harmless the Site and
any member of the BVR Group from any cause of action arising from any misrepresentation
with respect to any and all photographs so submitted.
It is your responsibility to obtain reproduction permission for all photographic
and other material used in your listing. You warrant that you are the owner
of the copyright in such material or are authorized by the owner thereof to grant
to us the rights therein contained. You agree to provide any proof of such
rights to us that we may request.
3.14.6. One Listing for One Property
Each property listing on the Site must relate to an individual and uniquely identified
property. Unless you have signed up for a special multiple-listing package, your
subscription listing package requires one subscription per listing (one subscription
The listing specifically cannot be a mere example of properties in a given area.
Only one property can appear on each advertisement, unless it is a property
with multiple rental units on the same site and additional advertising units are
purchased. We reserve the right to amend or remove any listing when more than
one property is described in such listing, and may choose, in our sole discretion
to retain any fees associated with the initial term of such non-conforming listing
as compensation for the violation of this condition.
3.14.7. Advertising More Than One Property
Each property listing on the Site must relate to an individual and uniquely identified
property. Unless you have signed up for a special multiple-listing package, your
subscription listing package requires one subscription per listing (one subscription
Property Representatives who manage 10 or more properties should contact BVR by
phone at 1-877-288-1381 or by e-mail at
to discuss the packages that may best suit
3.14.8. No Substitution of Properties
The property in a listing may not be substituted for another property. If a Property
Representative submits changes to an existing listing that, if approved, would substantially
alter the listing to make it that of another property, then we have the right to
terminate the listing and may choose, in our sole discretion, to retain any fees
associated with the term of the previously existing listing as compensation for
the violation of this condition.
3.14.9. No Transfer of Listing
No listing may be transferred to another party. If a Property Representative sells
the property that is listed, that Property Representative may not transfer its listing
to the new owner of the property that is listed. However, in the case of termination
or sale of the Property to new owners, the Property Representative must ensure that
any reservation booked by a Renter through the Site is honored prior to the termination
of the subscription.
3.15. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites
from Property Representatives' pages, and to remove links or web addresses without
notice at our sole discretion. Further, we reserve the right to charge for hypertext
links at any time.
3.16. Copyright Grant.
By accepting these Terms and by posting a listing on the Site, you grant to us and
our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free and fully paid-up license to use, copy, license, sublicense (through
multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit the copy, the photographs and the likenesses
(if any) of any content you post on the Site or the websites of our affiliates.
You grant the Site and the members of the BVR Group the ability to copyright and
protect the images, copy, and content available via your listing from the unauthorized
use by unaffiliated third parties who may, from time to time, attempt to pirate
such information via electronic or other means. This includes, but is not limited
to, the right to file suit to seek injunctive relief to protect such material. We
need these rights to host and display your listing. You further agree to assist
us—at our expense and control—to protect such copyrighted material from unauthorized
We are not responsible for any infringement or violation of laws resulting from
content supplied by any Property Representative. You agree to indemnify and hold
harmless the Site and any member of the BVR Group against any action brought for
breach of copyright or other rights from the use of such content supplied by you.
You hereby waive and release all rights to any claim against us for any alleged
or actual infringement of any proprietary rights, rights of privacy and publicity,
moral rights and rights of attribution in connection with any user-contributed content
posted or provided to us by you or any other Property Representative.
Further, you agree that we may reproduce in whole or in part any photographic material
supplied by you in the promotion of either your listed property or the promotion
of the Site.
3.17. Uses of Our Trademarks or Logos
There are limited ways in which you may use our trademarks or logos without specific
prior written authorization. The following are general guidelines: It is usually
permissible for you to refer to BVR or the name of one of our affiliate websites
on which you list your property in a descriptive manner in your listing on the Site
or in other permissible communications. For example, you might say "Check out my
vacation rental on BVR," or "I list properties on BVR." However, you may not refer
to BVR or any of our affiliates in any way that might lead someone to believe that
your company or site is sponsored by, affiliated with, or endorsed by BVR or one
of our affiliates. For example, you may not say “BVR sponsors my vacation rental,”
or describe your property as “BVR’s best vacation rental.” You may not use the BVR
name or one of our affiliates’ names on any other website that lists vacation rentals
without our prior written authorization.
The BVR name and logo and those of the BVR Group and our affiliates are registered
trademarks in the United States and other jurisdictions around the world. We generally
do not permit the use of our names and logos, other than as described above or with
our prior written authorization. If you want permission to use our name and/or logo
in any other manner, including, without limitation, on any website, business card,
signage, t-shirts, etc., or if you have other questions, you may email us at firstname.lastname@example.org.
Without the express written consent of the disclosing party, no party shall disclose
or allow the disclosure to any third party, or use other than as specifically permitted
in these Terms, any confidential, proprietary or trade secret information of such
disclosing party. A party shall not be liable for the disclosure of any confidential,
proprietary or trade secret information if such information (i) becomes publicly
available without the receiving party's breach of any obligation owed to the disclosing
party, (ii) became known to receiving party prior to disclosing party’s disclosure
of such information, (iii) became known to receiving party from a source other than
disclosing party where such source did not breach an obligation of confidentiality
owed to disclosing party, or (iv) is independently developed by the receiving party.
BVR has the right, solely for the purposes of merchandising and obtaining reservations
for Property Representatives, to use the name, logos, trademarks, and images from
the Property Representative’s website or provided by the Property Representative
(including photographs) used to identify or promote the listed property. The Property
Representative warrants that such use does not infringe on any third party’s rights.
3.20. No Assignment
No Property Representative shall assign or transfer these Terms or any rights or
obligations hereunder to another party.
3.21. Termination of Your Subscription and Listing
If any Property Representative submits unsuitable material to our Site, misuses
the Site or is in breach of these Terms, we reserve the right to immediately terminate
that Property Representative’s subscription(s) without advance notice and without
refund. In addition, if we become aware of a complaint from any user or other third
party regarding a Property Representative’s listing or rental practices that, in
our sole discretion, warrants the immediate removal of that Property Representative’s
listing from the Site, then we may immediately terminate such Property Representative’s
subscription(s) without advance notice and without refund. We assume no duty to
investigate complaints. Also, if any Property Representative is abusive or offensive
to any employee or representative of the BVR Group, we may immediately terminate
that Property Representative’s subscription(s) without advance notice and without
3.22. Other BVR Customers
You acknowledge that BVR provides bookings for multiple Property Representatives,
including your competitors, that BVR has no obligation to disclose any terms relating
to BVR’s relationship with other Property Representatives, and that BVR is relieved
from any duty, and does not have any duty, to disclose or segregate in any manner
any amounts collected by BVR from Renters under these Terms.
Rules for Mobile Application Users
Mobile App users are subject to the Terms and Conditions of the full BVR site.
Rules for Everybody
5.1. Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site
and the content and services provided on the Site all in accordance with these Terms.
Any use of the Site that is not in accordance with these Terms or as otherwise authorized
by us in writing is expressly prohibited.
5.2. Unauthorized Uses of the Site
The limited license to use the Site granted to users in these Terms does not include
any right of collection, aggregation, copying, scraping, duplication, display or
derivative use of the Site nor any right of use of data mining, robots, spiders
or similar data gathering and extraction tools without our prior written permission;
provided, however, that a limited exception from the foregoing exclusion is provided
to general purpose internet search engines and non-commercial public archives that
use tools to gather information for the sole purpose of displaying hyperlinks to
the Site, provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file. “General
purpose internet search engines” do not include a website or search engine or other
service that provides classified listings or property rental advertisements, or
any subset of the same or which is in the business of providing vacation property
rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below.
You agree not to do any of the following, unless otherwise previously authorized
by us in writing:
• Any commercial use (other than by Property Representatives with a fully paid up
subscription in good standing (a “valid subscription”) of the Site or any content
on the Site;
• Any use of the Site or the tools and services on the Site for the purpose of booking
or soliciting a rental for a property other than a property listed under a valid
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any
part of the content in any form whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device
including, but not limited to, use of a frame or border environment around the Site,
or other framing technique to enclose any portion or aspect of the Site, or mirror
or replicate any portion of the Site;
• Modify, translate into any language or computer language, or create derivative
works from, any content or any part of the Site;
• Reverse engineer any part of the Site;
• Sell, offer for sale, transfer, or license any portion of the Site in any form
to any third parties;
• Use any robot, spider, scraper, other automatic device, or manual process to monitor,
copy, or keep a database copy of the content or any portion of the Site;
• Use the Site and its inquiry functionality other than to advertise and/or research
vacation rentals, to make legitimate inquiries to our Property Representatives or
any other use expressly authorized on the Site;
• Use the Site or post or transmit information that is in any way false, fraudulent,
or misleading, including making any reservation or inquiry under false pretenses,
or taking any action that may be considered phishing or that would give rise to
criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• Violate, plagiarize or infringe the rights of us or third parties including, without
limitation, copyright, trademark, patent, trade secrets, rights of publicity or
privacy or any other intellectual or proprietary rights; or
• Use or access the Site in any way that, in our sole discretion, adversely affects
or could adversely affect the performance or function of the Site or any other system
used by us or the Site.
If you are aware of or experience any content, activity or communication through
or in connection with the Site that appears to be in violation of the above restrictions,
or in violation of any other provision of these Terms, we ask that you please inform
us of any such violation by contacting us at
5.3. Your Contact Information
When you provide your contact information to us in connection with any service or
tool provided on the Site, you agree to allow the Site and its affiliated websites
to add your contact information to our database of users. Each user acknowledges
and agrees that, regardless of such user’s physical location, we may store and process
any data transmitted to the Site from such user at locations both within and outside
of the United States.
To the extent that we need to contact you, you agree that we may do so via any electronic
means, including but not limited to communications posted on this Site or electronic
You may receive one or more promotional e-mails from the Site or a website of one
of BVR’s affiliates. You are welcome to opt not to receive such promotional e-mails
information collection practices and safeguards, and how to opt not to receive such
emails. Your use of the Site signifies your acknowledgment of and agreement with
5.5. Identity Verification
User verification on the internet is difficult and we do not assume any responsibility
for the confirmation of each user's purported identity. We encourage you to communicate
directly with a Renter or Property Representative through the tools available on
We discourage you from giving anyone access to your online ID and password. You
must keep your password and online ID secure and strictly confidential. However,
if you do give someone your online ID and online password, or if you fail to adequately
safeguard such information, you are responsible for any and all transactions that
the person performs while using your account, even those transactions that are fraudulent
or that you did not intend or want performed. You must notify us immediately and
select a new online ID and password if you believe your password may have become
known to an unauthorized person. You must also notify us immediately if you are
contacted by anyone requesting your online ID and password.
Each user acknowledges and agrees that neither BVR nor any of its affiliates will
have an liability to any user for any unauthorized transaction made using any user’s
password that occurs before such user has notified us of possible unauthorized use
of such password and we have had a reasonable opportunity to act on that notice.
Each user acknowledges and agrees that the unauthorized use of your online ID and
password could cause you to incur liability to both BVR and other users. Further,
we may, without notice to you, suspend or cancel your listing at any time even without
receiving notice from you if we suspect, in our sole discretion, that your password
is being used in an unauthorized or fraudulent manner.
5.6. Communications with Other Users of the Site
You agree that, with respect to other users' personal information that you obtain
through the Site or through any Site-related communication or transaction, we have
granted to you a license to use such information only for: (a) Site-related communications
that are not unsolicited commercial messages, (b) using services offered through
the Site, and (c) facilitating a reservation of a property between you and the other
user. In all cases, you must give users an opportunity to remove themselves from
your address book or database and a chance to review what information you have collected
about them. You are not licensed to add a Site user, even a user who has rented
a property from you or to you, to your mailing list. In addition, under no circumstances
may you disclose personal information about another user to any third party without
both our consent and the consent of the other user. You agree that other users may
use your personal information to communicate with you in accordance with this provision.
Further, you agree that you will protect other users’ personal information with
the same degree of care that you protect your own confidential information (using
at minimum a reasonable standard of care), and you assume all liability for the
misuse, loss, or unauthorized transfer of such information.
5.7. No Spam
We do not tolerate spam or unsolicited commercial electronic communications of any
kind. You may not use any tool or service on the Site to send spam or unsolicited
commercial electronic communications of any kind or in any other way that would
violate these Terms.
5.8. Responsibility for User-Contributed Content
You are responsible for all content you provide to the Site or through any tool
or service provided on the Site. We have no duty to pre-screen content posted on
the Site by Property Representatives, Renters or other users (including, without
limitation, reviews of or comments for any particular property), (collectively,
“user-contributed content”) and we are not responsible for user-contributed content.
We do, however, reserve the right to decline to permit the posting on the Site of,
or to remove from the Site, any user-contributed content that violates these Terms
or is otherwise unacceptable to us. We may also remove user-contributed content
if it is brought to our attention that any content is in breach of any part of these
Terms. Finally, we reserve the right (but do not assume the obligation) to edit
a user-contributed content in a non-substantive manner solely to cause the content
to comply with these Terms or formatting requirements.
The information that we disclose regarding each property is based on the information
provided to us by the Property Representative and is the sole responsibility of
the Property Representative. Property Representatives, as subscribers of this Site,
are given access to a platform through which they are fully responsible for updating
all rates, availability and other information which is displayed on this Site. Property
Representatives are solely responsible for keeping their property information up-to-date
on the Site, including, but not limited to any and all representations about any
property, its amenities, location, price, and its availability for a specific date
or range of dates. Properties listed on this Site do not constitute and should not
be regarded as a recommendation or endorsement by us of (the quality, service level
or rating of) any property made available. Property Representatives are solely responsible
for ensuring the accuracy of any property descriptions, and Renters are solely responsible
for verifying the accuracy of such descriptions.
Although we will use reasonable care in performing our services, we cannot guarantee
that all information is accurate, nor can we be held responsible for any errors
(including manifest and typographical errors), any interruptions (whether due to
any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our
website or otherwise), inaccurate, misleading or untrue information or non-delivery
of information. We specifically disclaim any and all liability arising from the
alleged accuracy of property listings, property reviews, user comments, or any alleged
breaches of contract on a Property Representative's or Renter’s part. We do not
represent or warrant that any of the copy, content, property reviews, use comments,
property location, suitability, pricing or availability information published on
the Site is accurate or up-to-date even in the case where prospective Renters have
searched for specific special offers, dates, or types of properties.
We reserve the right to disclose any information as permitted by prevailing law
to satisfy any law, regulation or government request if we determine, in our sole
discretion, that we are required to respond to, or if it would be in our interests
to, respond to such request.
5.9. Unsolicited Ideas
From time to time, users submit to us suggestions pertaining to our business, such
as ideas for new or improved products or technologies, website or tool enhancements,
processes, materials, marketing plans or new product names. We do not solicit such
suggestions and are under no obligation to consider them. If you choose to submit
any ideas, original creative artwork, suggestions or other works (“submissions”)
in any form to us, then regardless of what you say, write or provide to us in connection
with your submissions, you agree that: (1) your submission and its contents will
automatically become the property of BVR, without any compensation to you; (2) BVR
may use or redistribute any such submission and its contents for any purpose and
in any way; (3) there is no obligation for BVR to review any submission; and (4)
there is no obligation to keep any submission confidential. The purpose of this
policy is to avoid potential misunderstandings or disputes in the event that any
part of our business, such as our products, websites, technologies or marketing
strategies, seem similar to any of your submissions.
5.10. Links to Third Party Sites
This Site may contain links and pointers to other internet sites, resources, and
sponsors of the Site. Links to and from the Site to other third-party sites, maintained
by third parties, do not constitute an endorsement by us of any third parties, the
third-party sites or the contents thereof. We are not responsible in any way for
such third-party sites or resources and your use of such sites and resources will
not be governed by these Terms.
5.11. No Agency
Our relationship is that of independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is created
by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices to us must be in writing and
sent by confirmed email to email@example.com or a nationally recognized
overnight air carrier addressed to: Bid Vacation Rental, LLC, Attention Legal Department,
5525 North Stanton Street, Suite 3C, El Paso, Texas, 79912.
When we need to send you notice, it will be sent to the email address you provide
to the Site during the registration process or as later updated in your account.
Notice shall be deemed given upon receipt or 24 hours after an email is sent. Alternatively,
we may give you notice by certified mail, postage prepaid and return receipt requested,
to any physical address provided through your account with our Site. In such case,
notice shall be deemed given three days after the date of mailing to a physical
5.13. Changes to these Terms
BVR may at any time modify these Terms. Your continued participation with BVR will
be conditioned upon the Terms in force at the time of your use. Notification of
any modification of these Terms will be posted on the Site and will be effective
immediately. If you disagree with any change to these Terms, then your sole remedy
is to discontinue your use of the Site. When you renew your subscription to BVR,
the terms in effect at the time of renewal will govern, provided that such terms
may change as described above.
We reserve the right to offer special programs with unique terms and conditions
that may supersede or supplement in certain respects these Terms. Your use of the
Site under such special program will be governed by the terms and conditions of
such special program.
5.14. Changes to the BVR Site
BVR may change, suspend or discontinue any aspect of the Site at any time, including
the availability of any Site features, database, or content. We may also impose
limits on certain features or services or restrict your access to parts or all of
the Site without notice or liability.
The types of products and services (including the features, terms and operation
thereof) offered at the time of a Property Representative’s subscription are subject
to change without notice or approval. We further reserve the right to offer additional
products, services or features for purchase at any time.
5.15. Your Record of These Terms
We do not separately file the Terms entered into by each user of the Site. You are
responsible for keeping a record of these Terms and any subsequent changes thereto.
You acknowledge and agree that BVR may archive an electronic copy of these Terms,
and further agree that any request made to BVR for a copy of these Terms may be
fulfilled in electronic form.
5.16. Enforcement of These Terms
We may immediately terminate any user’s access to or use of the Site due to such
user’s breach of these Terms or any other unauthorized use of the Site. However,
we do not guarantee that we will take action against all breaches of these Terms.
Our failure to take immediate action with respect to a breach by you or others does
not waive our right to act with respect to such breach or any other breach.
5.17. Entire Agreement
These Terms constitute the entire agreement between us and you respecting the matters
set forth herein, and supersede any prior agreement between us and you, written
or oral, with respect to your use of the Site.
Headings in these Terms are for reference only and do not limit the scope or extent
of such section.
If any portion of these Terms is found to be invalid or unenforceable by any court
of competent jurisdiction, then the remainder of these Terms shall remain in full
force and effect. Further, any provision of these Terms held invalid or unenforceable
only in part or degree will remain in full force and effect to the extent not held
invalid or unenforceable.
We may assign these Terms in our sole discretion. Users of the Site must obtain
our prior written consent to assign these Terms, which may be granted or withheld
by us in our sole discretion.
5.21. Limitation of Liability
In no event will BVR, subsidiaries, affiliates, officers, directors, consultants,
agents and/or employees (collectively, the “BVR Group”), or any third party provider
of a service or tool offered on any site of a member of the BVR Group (each a “Third
Party Provider”), be liable for any lost profits or any indirect, consequential,
special, incidental, or punitive damages arising out of, based on, or resulting
from (a) our site, (b) these terms, (c) any breach of these terms by you or a third
party, (d) use of the site, tools or services we provide related to the business
we operate on the site by you or any third party and/or (e) any actual or attempted
communication or transaction between users, in each case, even if we have been advised
of the possibility of such damages. These limitations and exclusions apply without
regard to whether the damages arise from (1) breach of contract, (2) breach of warrant,
(3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action,
to the maximum extent such exclusion and limitations are not prohibited by applicable
If you are dissatisfied with the Site, you do not agree with any part of the Terms,
or have any other dispute or claim with or against us or another user of the Site
with respect to the Terms or the Site, then your sole and exclusive remedy against
us is to discontinue using the site. In all events, our liability, and the liability
of any member of the BVR Group, to you or any third party in any circumstance arising
out of or in connection with the Site is limited to the greater of (a) the amount
of fees you pay to us in the twelve months prior to the action giving rise to liability
or (b) $100.00 in the aggregate for all claims.
The site, including all content, software, functions, materials and information
made available on or accessed through the site, is provided “as is.” To the fullest
extent permissible by law, we make no representations or warranties of any kind
whatsoever for the content on the site or the materials, information and functions
made accessible by the software used on or accessed through the site, for any products
or services or hyptertext links to third parties or for any breach of security associated
with the transmission of sensitive information through the site or any linked site,
even if we become aware of any such breaches. Further, we expressly disclaim any
express or implied warranties, including, without limitation, non-infringement,
merchantability, fitness for a particular purpose or accuracy. We do not warrant
that the functions contained in the site or any materials or content contained therein
will be uninterrupted or error free, that defects will be corrected, or that the
site or the server that makes it available is free of viruses or other harmful components.
You acknowledge and agree that any transmission to and from this site is not confidential
and your communications may be read or intercepted by others. You further acknowledge
and agree that by submitting communications to us and by posting information on
the Site, including property listings, no confidential, fiduciary, contractually
implied or other relationship is created between you and us other than pursuant
to these terms.
You acknowledge and agree that you will not hold or seek to hold us or any third
party provider responsible for the content provided by any user, including, without
limitation, any translation thereof. We have no control over and do not guarantee
(other than pursuant to any guarantee that may be offered on the site) the safety
of any transaction, rental property or the truth or accuracy of any listing or other
content provided on the Site.
In the event that you have a dispute with one or more other users of the Site (including,
without limitation, any dispute between users regarding any transaction or user-contributed
content), you hereby agree to release, remise and forever discharge each member
of the BVR Group, each of their respective agents, directors, officers, employees,
and all other related persons or entities from any and all manner of rights, claims,
complaints, demands, causes of action, proceedings, liabilities, obligations, legal
fees, costs, and disbursements of any nature whatsoever, whether known or unknown,
which now or hereafter arise from, relate to, or are connected with such dispute
and/or your use of the Site. If you are a California resident, you waive California
Civil Code Section 1542, which says, “A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his
settlement with the debtor.”
You hereby agree to indemnify, defend and hold each member of the BVR Group (collectively,
the “Indemnified Parties”) harmless from and against any and all liability and costs
incurred by the indemnified parties in connection with any claim arising out of
your use of the site or otherwise relating to the business we conduct on the Site
(including, without limitation, any potential or actual communication, transaction
or dispute between you and any other user or third party), any content posted by
you or other users of your account to the Site, any use of any tool or service provided
by a third party provider, or any breach by you of these Terms or the representations,
warranties and covenants made by you herein, including without limitation, attorneys’
fees and costs. You shall cooperate as fully as reasonably required in the defense
of any claim. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without our written consent.
5.25. Choice of Law and Forum; Waiver of Jury Trial.
These terms are governed by the law of the state of Delaware, without giving any
effect to any conflict of law principles. If a dispute arises between you and us,
then we shall try to reach an amicable settlement. If an amicable settlement is
not reached, then we must attempt to settle the dispute by participating in nonbinding
mediation in the state of ###. You irrevocably agree that any cause of action you
may submit in connection with your use of the Site or pursuant to these Terms will
be filed within 1 year after the incident upon which your claim is based first occurred.
The county of ### in the state of ### will be the exclusive forum and venue for
any legal dispute between you and us. You agree to waive, to the fullest extent
permitted by law, trial by jury of all claims arising out of or relating to these
Terms. The prevailing party in any suit or other action arising out of or related
to these Terms is entitled to recover its reasonable fees, costs, and expenses relating
to the action, including reasonable attorneys' fees, expenses and disbursements.
You acknowledge that all content included on this Site, including the information,
data, software, photographs, graphs, video, typefaces, graphics, music, sounds,
images, illustrations, maps, designs, icons, written and other material (collectively,
"Content") and the arrangement and compilation of the Content are intellectual property
and copyrighted works of BVR. Reproduction or storage of information or works retrieved
from this Site, in all forms, media and technologies now existing or hereafter developed,
is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code,
or other applicable laws, and all applicable international copyright treaties and
conventions, including without limitation, the Berne Convention and the Universal
This Site and all content on the Site are protected by copyright as a collective
work and/or compilation, pursuant to applicable U.S. and international copyright
laws and conventions and database rights. You agree to abide by any and all copyright
notices, information, or restrictions contained in or relating to any content on
the Site. Copying, storing or otherwise accessing the Site or any content on the
Site for other than for your personal, noncommercial use (other than in accordance
with a valid subscription) is expressly prohibited without prior written permission
As part of the rental inquiry process, for your own personal, noncommercial use
and not for further distribution, you may download, display, and/or print one copy
of any portion of the Site. You may not modify the same, and you must reproduce
our copyright notice in the form displayed on the relevant portion(s) of the Site
that you desire to download, display or print.
We respect the intellectual property rights of others, and BVR does not permit,
condone, or tolerate the posting of any content on the Site that infringes any person's
copyright. BVR will terminate, in appropriate circumstances, a user who is the source
of infringements of copyright. Should you become aware of or suspect any copyright
infringement on this Site, please send a written notification of such infringement
to us at: Bid Vacation Rental, LLC, Attention Legal Department, ### Address.
We do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent. We use your information only as described
community principle. We store and process your information on computers located
in the United States that are protected by physical as well as technological security
devices. You can access and modify the information you provide us and choose not
to receive certain communications by signing-in to your account. We use third parties
to verify and certify our privacy principles. For a complete description of how
object to your information being transferred or used in this way please do not use
on the BVR Site. It applies generally to the BVR Site and content and other related
websites where this policy appears in the footer of the page. The policy that applies
on any of our domains or subdomains is always the policy that appears in the footer
of each website.
Our subsidiaries’ and joint ventures’ privacy practices are similar to those described
and the Terms and Conditions in registration, you expressly consent to our collection,
storage, use and disclosure of your personal information as described in this Privacy
effective on March 15, 2011.
You can browse our site without telling us who you are or revealing any personal
information about yourself. Once you give us your personal information, you are
not anonymous to us. If you choose to provide us with personal information, you
consent to the transfer and storage of that information on our servers located in
the United States.
We may collect and store the following personal information:
• email address, physical contact information, and (depending on the service used)
sometimes financial information, such as credit card or bank account numbers;
• transactional information based on your activities on the sites (such as bidding,
buying, selling, item and content you generate or that relates to your account);
• shipping, billing and other information you provide to purchase or ship an item;
• community discussions, chats, dispute resolution, correspondence through our sites,
and correspondence sent to us;
• other information from your interaction with our sites, services, content and
advertising, including computer and connection information, statistics on page views,
traffic to and from the sites, ad data, IP address and standard web log information;
• additional information we ask you to submit to authenticate yourself or if we
believe you are violating site policies (for example, we may ask you to send us
an ID or bill to verify your address, or to answer additional questions online to
help verify your identity or ownership of a property you list);
• information from other companies, such as demographic and navigation data; and
• other supplemental information from third parties (for example, if you incur a
debt to BVR, we will generally conduct a credit check by obtaining additional information
about you from a credit bureau, as permitted by law).
We don't sell or rent your personal information to third parties for their marketing
purposes without your explicit consent. We may combine your information with information
we collect from other companies and use it to improve and personalize our services,
content and advertising. If you don't wish to receive marketing communications from
us or participate in our ad-customization programs, simply indicate your preference
in your BVR online account or by following the directions provided with the communication
Our primary purpose in collecting personal information is to provide you with a
safe, smooth, efficient, and customized experience. You agree that we may use your
personal information to:
• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• shipping, billing and other information you provide to purchase or ship an item;
• prevent potentially prohibited or illegal activities, and enforce these Terms;
• customize, measure and improve our services, content and advertising;
• tell you about our services and those of our corporate family, targeted marketing,
service updates, and promotional offers based on your communication preferences;
• compare information for accuracy, and verify it with third parties.
7.5. Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our
policies, respond to claims that a listing or other content violates the rights
of others, or protect anyone's rights, property, or safety. Such information will
be disclosed in accordance with applicable laws and regulations.
• Members of the BVR corporate family to provide joint content and services (like
registration, transactions and customer support), to help detect and prevent potentially
illegal acts and violations of our policies, and to guide decisions about their
products, services and communications. Members of our corporate family will use
this information to send you marketing communications only if you’ve requested their
• Service providers under contract who help with our business operations (such as
fraud investigations, bill collection, affiliate and rewards programs and co-branded
• Other third parties to whom you explicitly ask us to send your information (or
about whom you are otherwise explicitly notified and consent to when using a specific
• Law enforcement or other governmental officials, in response to a verified request
relating to a criminal investigation or alleged illegal activity. In such events,
we will disclose information relevant to the investigation, such as name, city,
state, zip code, telephone number, email address, User ID history, IP address, fraud
complaints, and bidding and listing history.
• Other business entities, should we plan to merge with or be acquired by that business
entity. (Should such a combination occur, we will require that the new combined
your personal information will be used contrary to this policy, you will receive
Without limiting the above, in an effort to respect your privacy and our ability
to keep the community free from bad actors, we will not otherwise disclose your
personal information to law enforcement, other government officials, or other third
parties without a subpoena, court order or substantially similar legal procedure,
except when we believe in good faith that the disclosure of information is necessary
to prevent imminent physical harm or financial loss or to report suspected illegal
7.6. Information You Share on BVR
Your User ID is displayed throughout BVR (and so available to the public), and is
connected to all of your BVR activity. Other people can see your bids, rates, properties
for rent, feedback, ratings and associated comments. Notices sent to other BVR users
about suspicious activity and policy violations on our sites refer to User IDs and
specific items. So if you associate your name with your User ID, the people to whom
you have revealed your name will be able to personally identify your eBay activities.
If you access our sites from a shared computer or a computer in an internet café,
certain information about you, such as your User ID, activity or reminders from
BVR, may also be visible to other individuals who use the computer after you.
7.7. Using Information from BVR
BVR enables you to share personal and financial information to complete transactions.
We encourage you to disclose your privacy practices and respect the privacy of other
users. We cannot guarantee the privacy or security of your information and therefore
we encourage you to evaluate the privacy and security policies of your trading partner
before entering into a transaction and choosing to share your information. To help
protect your privacy, we allow only limited access to other users' contact, mailing
and financial information to facilitate your transactions. When users are involved
in a transaction, they may have access to each other's name, User ID, email address
and other contact and mailing information. In all cases, you must give other users
a chance to remove themselves from your database and a chance to review what information
you have collected about them.
You agree to use user information only for:
• BVR transaction-related purposes that are not unsolicited commercial messages;
• using services offered through BVR (such as reservations and fraud complaints),
• other purposes that a user expressly chooses.
We use "cookies" (small files placed on your hard drive) on certain of our pages
to help analyze our web page flow; customize our services, content and advertising;
measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
• Most cookies are "session cookies," meaning that they are automatically deleted
from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing
so may interfere with your use of some of our sites or services.
• You may encounter cookies from third parties on certain pages of the sites that
we do not control. (For example, if you view a web page created by another user,
there may be a cookie placed by that web page.)
7.9. No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your BVR communication preferences
so we communicate to you as you prefer. You are not licensed to add other BVR users,
even a user who has rented a property from or to you, to your mailing list (email
or physical mail) without their express consent. To report BVR-related spam or spoof
emails to BVR, please forward the email to ###@bidvacationrental.com. You may not
use our communication tools to send spam or otherwise send content that would violate
our Terms and Conditions. We automatically scan and may manually filter messages
to check for spam, viruses, phishing attacks and other malicious activity or illegal
or prohibited content, but we do not permanently store messages sent through these
tools. If you send an email to an email address that is not registered in our community,
we do not permanently store that email or use that email address for any marketing
purpose. We do not rent or sell these email addresses.
7.10. Account Protection
Your password is the key to your account. Use unique numbers, letters and special
characters, and do not disclose your BVR password to anyone. If you do share your
password or your personal information with others, remember that you are responsible
for all actions taken in the name of your account. If you lose control of your password,
you may lose substantial control over your personal information and may be subject
to legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately notify BVR and change your
7.11. Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to
your BVR online account. Generally, we will not manually modify your personal information
because it is very difficult to verify your identity remotely. You must promptly
update your personal information if it changes or is inaccurate. Once you make a
public posting, you may not be able to change or remove it. Upon your request, we
will close your account and remove your personal information from view as soon as
reasonably possible, based on your account activity and in accordance with applicable
law. We do retain personal information from closed accounts to comply with law,
prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist
with any investigations, enforce our BVR Terms and Conditions, and take other actions
otherwise permitted by law.
Your information is stored on our servers located in the United States. We treat
data as an asset that must be protected and use lots of tools (encryption, passwords,
physical security, etc.) to protect your personal information against unauthorized
access and disclosure. However, as you probably know, third parties may unlawfully
intercept or access transmissions or private communications, and other users may
abuse or misuse your personal information that they collect from the site. Therefore,
although we work very hard to protect your privacy, we do not promise, and you should
not expect, that your personal information or private communications will always
7.13. Third Parties
only the use and disclosure of information we collect from you. If you disclose
your information to others, whether they are Renters, Property Representatives,
or users of our Site or other sites throughout the internet, different rules may
apply to their use or disclosure of the information you disclose to them. BVR does
not control the privacy policies of third parties, and you are subject to the privacy
policies of those third parties where applicable. We encourage you to ask questions
before you disclose your personal information to others.
site. All amended terms automatically take effect on the day they are initially
posted on the site.